LAWFORPUBLICMANANGERSocsoTTopic/units:

-Adoption and promulgation of legislation

-Democracy and the Rule of law

-The constitution of the Republican of Namibia

-Internal and External aids

-The Bill of Rights of the Namibian Constitution (Chapter 3)

QUESTION 1 (10 MARKS)

State whether the following statements are true or false and motivate why?

1.1.1 Although the preamble is one of the internal aids of interpretation, its importance is overestimated. (2 marks)

1.1.2 An interpretation of any piece of legislation should conform to chapter 3 of the Constitution. (2 marks)

1.1.3 One of the general principles formulated by Southern African courts in interpreting their constitutions include: a "conservative' interpretation should be used, meaning more flexibility and adaptability. (2 marks)

1.1.4 According to the purposive viewpoint, courts do have an innovative law-making function. (2 marks)

1.1.5 Ubuntu is a very important concept in African societies and has been incorporated in many continental legal systems. However, this is not the case in Namibia. (2 marks)

QUESTION 2 (10 MARKS)

2.1 In the case of of S v. Acheson 1991 (2) SA 805 (NmHC), it was held that:

"The constitution of a nation is not simply a statute which mechanically defines the structure of government and the governed. It's a mirror reflecting the national soul, the identification of the ideas and aspirations of a nation; the identification of the values bonding its people and disciplining its government..........

The spirit and tenor of the constitution must therefore and permeate the processes of judicial interpretation and judicial discretion."

In light of the above statement, write a mini essay (500 words) in which you discuss the significance of and relationship between human rights and constitutional interpretation.

QUESTION 3 (6 MARKS)

3.1 It has been argued that the duty of courts is to interpret the law and not make the law. Do you agree? (4 marks)

3.2 The Ministry of Justice's Law Reform and Development Commission recently submitted a report on the discrimination of the common law offence of sodomy. According to the LRDC, the offense of sodomy is discriminatory and unconstitutional as well as obsolete.

Name and briefly explain which type of restrictive interpretation influenced the LRDC's decision?

(2 marks)

QUESTION 4 (12 MARKS)

4.1 Savage von Munchen is a notorious stock thief in the Otavi-Grootfontein area. He is suspected on stolen over 300 herds of cattle in his 5 year thieving career. However, on night, his luck ran out and he was apprehended by the police. While awaiting trial, parliament passed a new Stock Theft Act that prescribed heavier sentences for stock theft.

Should Von Munchen be found guilty for the offense of stock theft, will this piece of legislation apply to him? (10 marks)

4.2 Briefly distinguish between adoption and promulgation.(2 marks)

QUESTION 5 (6 MARKS)

5.1 The primary rule of this approach is that if the plain or ordinary meaning of words in the legal text is unambiguous, then this clear meaning is the intention of the legislator.

An ordinary citizen may rely on the everyday meaning of legislation; therefor the courts may not proceed beyond the plain meaning of the text. A dictionary must firstly be used to settle interpretive questions.

What theory of interpretation is this? And what are the main criticisms levelled against it?

QUESTION 6 (5 MARKS)

6.1 Name and briefly explain any five (5) internal aids of interpretation.

TOTAL MARKS FOR ASSIGNMENT 02: 50 MARKS

END OF TUTORIAL LETTER